|
(7) License application and renewal fees, which may |
cover
the cost of administering the demonstration program.
|
(8) Information that may be necessary for the Board and |
the Department to
monitor and evaluate the alternative |
health care model demonstration program.
|
(9) Administrative fines that may be assessed by the |
Department for
violations of this Act or the rules adopted |
under this Act.
|
(b) The Department shall issue, renew, deny, suspend, or |
revoke licenses for
alternative health care models.
|
(c) The Department shall perform licensure inspections of |
alternative health
care models as deemed necessary by the |
Department to ensure compliance with
this Act or rules.
|
(d) The Department shall deposit application fees, renewal |
fees, and fines
into the Regulatory Evaluation and Basic |
Enforcement Fund.
|
(e) The Department shall assist the Board in performing the
|
Board's
responsibilities under this Act.
|
(f) (Blank). The Department shall conduct a study to |
determine the feasibility, the
potential risks and benefits to |
patients, and the potential effect on the
health care delivery |
system of authorizing recovery care of nonsurgical
patients in |
postsurgical recovery center demonstration models. The |
Department
shall report the findings
of the study
to the |
General Assembly no later than November 1, 1998.
The Director |
shall appoint an advisory committee with representation from
|
|
the Illinois Hospital and Health Systems Association,
the |
Illinois State Medical Society, and the Illinois Freestanding |
Surgery
Center Association,
a physician who is
board certified |
in internal medicine, a consumer, and other representatives
|
deemed appropriate by the Director. The advisory committee |
shall advise the
Department as it carries out the study.
|
(g) (Blank). Before November 1, 1998 the Department shall |
initiate a process to
request public comments on how |
postsurgical recovery centers admitting
nonsurgical patients |
should be regulated.
|
(Source: P.A. 90-600, eff. 6-25-98; 90-655, eff. 7-30-98.)
|
(210 ILCS 3/30)
|
Sec. 30. Demonstration program requirements. The |
requirements set forth in
this Section shall apply to |
demonstration programs.
|
(a) There shall be no more than:
|
(i) 3 subacute care hospital alternative health care |
models in the City of
Chicago (one of which shall be |
located on a designated site and shall have been
licensed |
as a hospital under the Illinois Hospital Licensing Act |
within the 10
years immediately before the application for |
a license);
|
(ii) 2 subacute care hospital alternative health care |
models in the
demonstration program for each of the |
following areas:
|
|
(1) Cook County outside the City of Chicago.
|
(2) DuPage, Kane, Lake, McHenry, and Will |
Counties.
|
(3) Municipalities with a population greater than |
50,000 not
located in the areas described in item (i) |
of subsection (a) and paragraphs
(1) and (2) of item |
(ii) of subsection (a); and
|
(iii) 4 subacute care hospital alternative health care
|
models in the demonstration program for rural areas.
|
In selecting among applicants for these
licenses in rural |
areas, the Health Facilities Planning Board and the
Department |
shall give preference to hospitals that may be unable for |
economic
reasons to provide continued service to the community |
in which they are located
unless the hospital were to receive |
an alternative health care model license.
|
(a-5) There shall be no more than the a total number of 12 |
postsurgical
recovery care centers with a certificate of need |
for beds as of January 1, 2008.
center alternative health care |
models in the demonstration program, located as
follows:
|
(1) Two in the City of Chicago.
|
(2) Two in Cook County outside the City of Chicago. At |
least
one of these shall be owned or operated by a hospital |
devoted exclusively to
caring for children.
|
(3) Two in Kane, Lake, and McHenry Counties.
|
(4) Four in municipalities with a population of 50,000 |
or more
not located
in the areas described in paragraphs |
|
(1), (2), and (3), 3 of which
shall be
owned or operated by |
hospitals, at least 2 of which shall be located in
counties |
with a population of less than 175,000, according to the |
most recent
decennial census for which data are available, |
and one of
which shall be owned or operated by
an |
ambulatory surgical treatment center.
|
(5) Two in rural areas,
both of which shall be owned or |
operated by
hospitals.
|
There shall be no postsurgical recovery care center |
alternative health care
models located in counties with |
populations greater than 600,000 but less
than 1,000,000. A |
proposed postsurgical recovery care center must be owned or
|
operated by a hospital if it is to be located within, or will |
primarily serve
the residents of, a health service area in |
which more than 60% of the gross
patient revenue of the |
hospitals within that health service area are derived
from |
Medicaid and Medicare, according to the most recently available |
calendar
year data from the Illinois Health Care Cost |
Containment Council. Nothing in
this paragraph shall preclude a |
hospital and an ambulatory surgical treatment
center from |
forming a joint venture or developing a collaborative agreement |
to
own or operate a postsurgical recovery care center.
|
(a-10) There shall be no more than a total of 8 children's |
respite care
center alternative health care models in the |
demonstration program, which shall
be located as follows:
|
(1) One in the City of Chicago.
|
|
(2) One in Cook County outside the City of Chicago.
|
(3) A total of 2 in the area comprised of DuPage, Kane, |
Lake, McHenry, and
Will counties.
|
(4) A total of 2 in municipalities with a population of |
50,000 or more and
not
located in the areas described in |
paragraphs (1), (2), or (3).
|
(5) A total of 2 in rural areas, as defined by the |
Health Facilities
Planning Board.
|
No more than one children's respite care model owned and |
operated by a
licensed skilled pediatric facility shall be |
located in each of the areas
designated in this subsection |
(a-10).
|
(a-15) There shall be an authorized community-based |
residential
rehabilitation center alternative health care |
model in the demonstration
program. The community-based |
residential rehabilitation center shall be
located in the area |
of Illinois south of Interstate Highway 70.
|
(a-20) There shall be an authorized
Alzheimer's disease |
management center alternative health care model in the
|
demonstration program. The Alzheimer's disease management |
center shall be
located in Will
County, owned by a
|
not-for-profit entity, and endorsed by a resolution approved by |
the county
board before the effective date of this amendatory |
Act of the 91st General
Assembly.
|
(a-25) There shall be no more than 10 birth center |
alternative health care
models in the demonstration program, |
|
located as follows:
|
(1) Four in the area comprising Cook, DuPage, Kane, |
Lake, McHenry, and
Will counties, one of
which shall be |
owned or operated by a hospital and one of which shall be |
owned
or operated by a federally qualified health center.
|
(2) Three in municipalities with a population of 50,000 |
or more not
located in the area described in paragraph (1) |
of this subsection, one of
which shall be owned or operated |
by a hospital and one of which shall be owned
or operated |
by a federally qualified health center.
|
(3) Three in rural areas, one of which shall be owned |
or operated by a
hospital and one of which shall be owned |
or operated by a federally qualified
health center.
|
The first 3 birth centers authorized to operate by the |
Department shall be
located in or predominantly serve the |
residents of a health professional
shortage area as determined |
by the United States Department of Health and Human
Services. |
There shall be no more than 2 birth centers authorized to |
operate in
any single health planning area for obstetric |
services as determined under the
Illinois Health Facilities |
Planning Act. If a birth center is located outside
of a
health |
professional shortage area, (i) the birth center shall be |
located in a
health planning
area with a demonstrated need for |
obstetrical service beds, as determined by
the Illinois Health |
Facilities Planning Board or (ii) there must be a
reduction in
|
the existing number of obstetrical service beds in the planning |
|
area so that
the establishment of the birth center does not |
result in an increase in the
total number of obstetrical |
service beds in the health planning area.
|
(b) Alternative health care models, other than a model |
authorized under
subsection (a-20), shall obtain a certificate |
of
need from the Illinois Health Facilities Planning Board |
under the Illinois
Health Facilities Planning Act before |
receiving a license by the
Department.
If, after obtaining its |
initial certificate of need, an alternative health
care |
delivery model that is a community based residential |
rehabilitation center
seeks to
increase the bed capacity of |
that center, it must obtain a certificate of need
from the |
Illinois Health Facilities Planning Board before increasing |
the bed
capacity. Alternative
health care models in medically |
underserved areas
shall receive priority in obtaining a |
certificate of need.
|
(c) An alternative health care model license shall be |
issued for a
period of one year and shall be annually renewed |
if the facility or
program is in substantial compliance with |
the Department's rules
adopted under this Act. A licensed |
alternative health care model that continues
to be in |
substantial compliance after the conclusion of the |
demonstration
program shall be eligible for annual renewals |
unless and until a different
licensure program for that type of |
health care model is established by
legislation, except that a |
postsurgical recovery care center meeting the following |
|
requirements may apply within 3 years after the effective date |
of this amendatory Act of the 96th General Assembly for a |
Certificate of Need permit to operate as a hospital: |
(1) The postsurgical recovery care center shall apply |
to the Illinois Health Facilities Planning Board for a |
Certificate of Need permit to discontinue the postsurgical |
recovery care center and to establish a hospital. |
(2) If the postsurgical recovery care center obtains a |
Certificate of Need permit to operate as a hospital, it |
shall apply for licensure as a hospital under the Hospital |
Licensing Act and shall meet all statutory and regulatory |
requirements of a hospital. |
(3) After obtaining licensure as a hospital, any |
license as an ambulatory surgical treatment center and any |
license as a post-surgical recovery care center shall be |
null and void. |
(4) The former postsurgical recovery care center that |
receives a hospital license must seek and use its best |
efforts to maintain certification under Titles XVIII and |
XIX of the federal Social Security Act. |
The Department may issue a provisional license to any
|
alternative health care model that does not substantially |
comply with the
provisions of this Act and the rules adopted |
under this Act if (i)
the Department finds that the alternative |
health care model has undertaken
changes and corrections which |
upon completion will render the alternative
health care model |
|
in substantial compliance with this Act and rules and
(ii) the |
health and safety of the patients of the alternative
health |
care model will be protected during the period for which the |
provisional
license is issued. The Department shall advise the |
licensee of
the conditions under which the provisional license |
is issued, including
the manner in which the alternative health |
care model fails to comply with
the provisions of this Act and |
rules, and the time within which the changes
and corrections |
necessary for the alternative health care model to
|
substantially comply with this Act and rules shall be |
completed.
|
(d) Alternative health care models shall seek |
certification under Titles
XVIII and XIX of the federal Social |
Security Act. In addition, alternative
health care models shall |
provide charitable care consistent with that provided
by |
comparable health care providers in the geographic area.
|
(d-5) The Department of Healthcare and Family Services |
(formerly Illinois Department of Public Aid), in cooperation |
with the
Illinois Department of
Public Health, shall develop |
and implement a reimbursement methodology for all
facilities |
participating in the demonstration program. The Department of |
Healthcare and Family Services shall keep a record of services |
provided under the demonstration
program to recipients of |
medical assistance under the Illinois Public Aid Code
and shall |
submit an annual report of that information to the Illinois
|
Department of Public Health.
|
|
(e) Alternative health care models shall, to the extent |
possible,
link and integrate their services with nearby health |
care facilities.
|
(f) Each alternative health care model shall implement a |
quality
assurance program with measurable benefits and at |
reasonable cost.
|
(Source: P.A. 95-331, eff. 8-21-07; 95-445, eff. 1-1-08.)
|
(210 ILCS 3/35.1 rep.)
|
Section 10. The Alternative Health Care Delivery Act is |
amended by repealing Section 35.1.
|
Section 99. Effective date. This Act takes effect upon |
becoming law.
|